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Recent Dishonorable Discharge questions

I'm in the army and currently AWOL unfortunately. I want to

Hey I'm in the army and currently AWOL unfortunately. I want to know if it's possible for my commander to still send me to Leavenworth or give me dishonorable discharge for going AWOL till I'm dropped from the rolls of the army and can go to PCF in Fort Sill and get processed out. I've been in contact with some people still in barracks and they have told me that was what their plan was to do to me and also they have made all soldiers in my platoon right sworn statements. Some background info I left after I had been recycled in AIT at Fort Sill

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Marsha411JD

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I was very happy to hear the NCO that got discharged up the

I was very happy to hear the NCO that got discharged for beating up the child molester in Afghanistan was re-instated to active duty and cleared of charges. I know that he initially was given the punishment outlined in the MCM as he was guilty of the charges. I make reference to that because I was wondering if my case might be considered equally. I was a CW2 in the Army, charged and convicted at General Court Martial for BAH Fraud in 2001. Given 6 months detention and Dishonorable Discharge. I did the crime and paid back every dime, I plead guilty and made no excuses. I had been in the Army for over 18.5 years and my career was exemplary. Generally speaking, I got what I deserved according to the MCM, but never felt Justice was served. I want to finish what I started and complete my 20 years and retire Honorably. Is this possible in any way? I consider our two cases somewhat similar in the area of Justice.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I received a dishonorable discharge from air force in 1967.

I received a dishonorable discharge from air force in 1967. However I went thru a Air Force program that extended my enlistment for another year and a half, to receive an Honorable discharge.I did get an honorable discharge. I have a DD 214 with Honorable discharge. Now I applied recently to purchase a hand gun and was denied. I need to get the dishonorable discharge Expunged to purchase a weapon. Can you help?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: West VirginiaJA: Have you talked to a lawyer yet?Customer: No, but an ATF agent wants to see meJA: Anything else you think the lawyer should know?Customer: No, I have an Honorable Discharge and can prove it. But the NCIS denied the gun purchaseJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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P. Simmons

Attorney

Doctoral Degree

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My name is , I have been in the Army National Guard 11 years

My name is Christopher,I have been in the Army National Guard for almost 11 years now, I have a clean record and great evaluations; however, I am looking for a way out of my contract early if at all possible. Though i don't want a dishonorable or negative discharge in doing so.Almost my entire time in I have worked full time with the Guard or have been on active duty orders. However, a couple years ago I decided to finally focus on a civil***** *****fe and career. I decided I wanted to fly helicopters for a living, so I moved 240 miles away from my unit to go to an approved flight program that's also tied to a university so I could get my degree at the same time. The month to month drills proved far to stressful, I was making less money than the cost to go to drill. The drill weekends and the 2 weeks a year were also getting in the way of my flight program causing me to have to redo very expensive labs all over again and miss many important tests and opportunities. Due to this and other circumstances negative complications grew between my unit and I, as a last ditch effort to protect myself from my unit and buy me time to focus on my training and education I transferred to the Inactive National Guard (ING) for 18 months.My ING contract ends at the end of this month but now I'm running into more problems. it appears that I will now have to extend my contract for another 18 months to cover the ING time. Remaining in the Army National Guard is directly preventing me from getting a helicopter job. I have been licensed to fly for a year now but almost every starting job I find is located nowhere around a NG unit, constantly on the move or is at sea. My original ETS would be next September, but this is before having to extend another 18 months now. Preventing me from beginning my career for another 3 years. This is causing me to work minimum wage jobs and is putting a huge hardship in my life. When I go to my drill weekends i have to dump large sums of money into my truck every month to make the almost 500 miles round journey back and forth to drill. I also have to pay for all my food and usually I am forced to sleep in my truck.My educational advances are also being hindered, unlike conventional jobs I have to travel around and work in different industries and companies in order to gain additional certificates, ratings and logged times; this can last from months to years and I can't just transfer to a different guard unit every couple months. So I am unable to further my chosen career, much less start it.Not to count, my last couple of years in college have allowed me to expand my education and research topics far more in depth than I ever have. And I can say clearly now that though I have had some amazing times and experiences in the armed forces I no longer agree with the military, and I don't know how I can spend the next few years supporting an organization that (currently) stands for everything I'm against. I would say that being a consciences objector may be a relatively new title for me, but it is one I would say fits me well.Basically in a nutshell, I am stuck and don't know what to do. I have never broken a contract early and know that I am obligated to fulfill my end of the bargain. Yet I know that I will not reenlist ever again. On a professional level as long as I am in the National Guard I cannot start my career or advance my training/education until I am out. And on a personal level the monthly drills are a havoc on my life and fostering great financial/educational hardships.Is there anything that I can do? The helicopter industry is almost completely run by veterans so a negative/dishonorable discharge would absolutely prevent me from ever getting a job in this field. I am just looking for a way to start my life. I don't really know who to talk to or much about this process if it exists, when I signed those contracts years ago I couldn't have ever foreseen these circumstances.I know this is a bit lonJA: OK. The Military Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?Customer: UtahJA: Have you consulted a lawyer yet?Customer: No not yet, i dont know anything about this so im just trying to gather some information.JA: Is there anything else the Military Lawyer should be aware of?Customer: Nothing i can think ofJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I'm a member of the Indiana Army National Guard with 8 years

I'm a member of the Indiana Army National Guard with 8 years service. I moved to Michigan 3 years ago with the intention of transferring right when I moved. My unit kept delaying the transfer over and over again for no real reason. To take Friday before and Monday after drill off work to drive down to sit on a drill floor and do absolutely nothing is not only a drain on my finances, but a huge inconvenience to my employer, as I'm one of 6 people who work there and it's hard to delay work until I get back to do my certain job.Now here is my question. I know if I go AWOL, Indiana will put out a traffic warrant for me. I haven't ever been pulled over in my life, so I'm almost willing to bet I won't get pulled over in the next six months. How long will it take the INARNG to discharge me and close that warrant? Will Michigan proactively come search me out at my house on that Indiana warrant?

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P. Simmons

Attorney

Doctoral Degree

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34,626 satisfied customers
My son has a (hip and leg) stress fracture. He was in FTU

My son has a (hip and leg) stress fracture. He was in FTU and did not even make it to basic yet. They now have him in rehab, he does not feel it is getting any better. They will not medically release him, but are telling him that after he heals, he can quit. That will make it dishonorable and will effect the rest of his life. How can he get out without a dishonorable discharge and be able to return to a military field after he is healed?JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. Do I need to?JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Is there anything else important you think the Military Lawyer should know?Customer: This is my first experience with any of this, I think that nutshells what I have been told by my sonJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,622 satisfied customers
I plead guilty in a general court marshall, was sentenced to

I plead guilty in a general court marshall, was sentenced to 40 months and served 22 Months. This occurred in 1991.I was given a general discharge under other than honorable conditions. but not a dishonorable discharge.I am trying to clarify if this in fact considered a felony.I was under the understanding at the time that it was in fact not, because it was UCMJ and federal or state courts per se.I was just informed by ATF that I cannot own a firearm.I did research and it showed that it is considered a felony if the Maximal punishable time for the offense is greater than a year, regardless of actual conviction time sentenced and served. However, it indicated that this was considered after May 2002.So the short question to the long answer is; Was I convicted of a felony or do I fall under a Grandfathered exclusion?In which case can I own a firearm, vote etc..

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,622 satisfied customers
What is the separation authority, ar 635-200 para 11-3a and

what is the separation authority, ar 635-200 para 11-3a and separation code JGA with a reenlistment code RE-3the concern is that i am a guy.... if this is the only code for this, is there a way to have them change my discharge paperwork?

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P. Simmons

Attorney

Doctoral Degree

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My son in law admitted to hurting s 7 week old infant, 10

my son in law admitted to hurting his 7 week old infant, 10 broken bones, there is a protection order for him to stay away from the child, how long will it take to have charges pressed against him and due to the severity of the injuries what is the range of time he will go to jail.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,622 satisfied customers
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